U.S.A. –-(AmmoLand.com)- Since an armed citizenry operates as the one true signifier and test of the sovereignty of the people over Government, and the only effective vehicle through which the sovereignty of the people over illegal Government usurpation and accumulation of power is contained, the armed citizenry is truly the sine qua non of a Nation founded on the tenets of Individualism. And in only one such Nation are the people truly sovereign: the United States.
Consider: For all the lofty talk of human rights and with all the “rights” delineated in the EU’s “Charter of Fundamental Rights,” as one prime example—and there are over six dozen of them at last count—you would be hard-pressed to find any assertion of the right of the people of the EU to keep and bear arms. There isn’t one. Do you think the omission was accident? See more here.
The Liberal Wing Of The High Court Extols The Political and Legal Framework Of The EU, Not The U.S.
Several U.S. Supreme Court Justices would therefore, understandably, express reservation, hesitation in voting to grant review of another Second Amendment case at this time: one that truly impacts the very core of it and are awaiting the installment of a Collectivist as U.S. President.
If the Radical Left Democrats defeat Trump in the upcoming November 2020 general election, might not that embolden Roberts to join the liberal wing of the Court, to take up another Second Amendment case for the express purpose to weaken the central holdings of Heller and McDonald, if not to overturn the central holdings of those cases outright?
After all, it only takes one Justice, say John Roberts, to join the liberal wing to defeat a Second Amendment case. And, what Justice Kavanaugh would do with it is anyone’s guess, given his awkward, almost servile, and definitely odd concurring opinion in the recent New York City gun transport case.
The liberal wing of the Court relishes the opportunity to overturn Heller and McDonald. It has made clear its deep hostility toward and its visceral loathing of the right of the people to keep and bear arms. That isn’t a secret.
This is predicated on the temperament of Justices Breyer, Ginsburg, Sotomayor, and Kagan—a psychological temperament that informs their methodological approach to High Court case analysis; a methodological approach and jurisprudential philosophy that predisposes them to undercut the Second Amendment, always maintaining that the right of the people to keep and bear arms amounts to a collective right, if such a right exists at all; conferring no individual right to own and possess firearms.
The liberal wing of the High Court long ago opined that both Heller and McDonald were wrongly decided. At the time Heller was decided in 2008, the dissenting Justices included: Breyer, Stevens, Souter and Ginsburg. And, at the time McDonald was decided, the dissenting Justices included: Breyer, Stevens, and Sotomayor.
Ostensibly a jurisprudential conservative who retired in 2009, Associate Justice David Souter, nominated by then President George H.W. Bush, turned out to be a major disappointment. His replacement, Elena Kagan, nominated by Donald Trump’s predecessor, Barack Obama, would come as no surprise. One needn’t guess her jurisprudential philosophy toward the Second Amendment, all of which is predicated on the temperament of the liberal wing of the High Court that now comprises Associate Justices Breyer, Ginsburg, Sotomayor, and Kagan—a psychological temperament that informs their jurisprudential philosophy and a methodological approach toward case analysis that is wholly unlike that of the late eminent Justice Scalia and that Justices Thomas and Alito.
The liberal wing of the Court abhors the very idea that Americans have a fundamental and immutable and unalienable, natural right to own and possess firearms. If they vote to hear a Second Amendment case, it will only be with a view toward undercutting the Second Amendment and they will only vote to hear a Second Amendment case once they feel they have sufficient support to compose the majority opinion on the matter.
The New York City gun transport case was the most innocuous of Second Amendment cases for the High Court to take up, when compared to other cases that had come before it. Perhaps that was one reason they granted review of the New York City case.
Moreover, the New York City case invited the New York City Government to amend the law to encourage the liberal wing of the High Court to avoid deciding the case on the merits.
And so, the liberal wing did find the case mooted by a change in the law. No surprise there. And Chief Justice Roberts readily jumped on board. No surprise there either. But the decision of Justice Kavanaugh, joining the liberal wing and Roberts majority rather than the dissenters, Justices Alito, Thomas, and Gorsuch—that was a surprise and far, far from a pleasant one.
Whom is it that Justice Kavanaugh thinks he is fooling? He knows damn well how difficult it is for a Second Amendment case—any Second Amendment case—to be heard. Americans can rest assured that Justice Thomas clued Kavanaugh in on that if Kavanaugh harbored any doubt about that. And Americans are supposed to sit on their hands, and hold their breath waiting for the next Second Amendment case to be taken up by the Court, gaining sustenance from a conjecture tucked away in an absurd Concurring Opinion?
Unfortunately, Associate Justice Brett Kavanaugh isn’t the only person on the High Court infected with St. Vitus Dance, ever meandering, weaseling, tap dancing around the Second Amendment rather than giving it the attention and respect it deserves, dealing squarely with it, to protect the core of it.
And the Third Branch of Government isn’t our only concern.
Recall how the Republican-controlled House and Senate failed to enact national concealed handgun carry into law. Republicans could easily have enacted 115 H.R. 38 into law if they really wanted to. But they didn’t.
Back on November 30, 2018, theArbalest Quarrel wrote, in our article titled, “As Deadline Draws Near, Supporters Of Second Amendment Demand U.S. Senate Vote On National Concealed Handgun Carry Reciprocity,”
“The Senate Judiciary Committee has been sitting on the bill that was sent to Senate Majority leader Mitch McConnell, last December 2017, when it passed the Republican controlled House. The version of national concealed handgun carry reciprocity that passed the House is designated, 115 H.R. 38, “Concealed Carry Reciprocity Act of 2017.” Once Senator McConnell received it, he sent it immediately to the Chairman of the Judiciary Committee, Charles Grassley, for action. Clearly, no work was done on it; and a year has gone by since the Judiciary Committee had received it.”
Nothing was done by the Republican Controlled Congress in 2017, at that time, to strengthen Americans’ right to keep and bear arms. And, now, at this juncture—with the decision of Chief Justice Roberts and Associate Justice Kavanaugh, having joined the liberal wing of the High Court, in the New York City gun transport case—nothing yet has been done to preserve and strengthen our sacred Second Amendment right.
Do you think, perhaps, that all too many legislators and jurists, adherents of Collectivism, who claim to support the Second Amendment to the U.S. Constitution, really don’t? Is talk of support for the right of the people to keep and bear arms just that: merely talk? Is preservation of our Bill of Rights merely a will-o’-the-wisp, an elaborate play, the purpose of which is to placate a rightfully embittered American electorate, facilitating the slow, inexorable, erasure of the very notion of fundamental, immutable, God-given rights that fall beyond the lawful power of Government to denigrate and eradicate?
As we have pointed out in our previous article, some Collectivists in the U.S. suggest that no Constitution is necessary. Taking their cue from Great Britain which is said to have an “unwritten constitution” (which really means NO constitution), the Collectivists surmise that changes to Government and changes to the relationship of the people to Government should always be flexible, malleable—subject to change in accordance with the whims of those who wield power. For these rulers, adherents of Collectivism, any Constitution is too restrictive and any rights afforded the populace must always be subject to modification or abrogation as the rulers dictate. And, they have made that plain. They seek to rewrite portions of the Articles, and they seek to rewrite, or to torturously and tortuously reinterpret, or to abrogate altogether, or simply to ignore portions of our fundamental, unalienable, immutable, natural rights—our Bill of Rights—giving special attention to the Second Amendment that they perceive as the greatest single threat to their illegal, unconscionable usurpation of power.
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